Environmental and Social Due Diligence Report Project Number: 47083-004 December 2019 INDIA: Accelerating Infrastructure Investment Facility in India – Tranche 3 Mytrah Vayu (Krishna) Private Limited (Part 10 of 10) Prepared by India Infrastructure Finance Company Limited for the India Infrastructure Finance Company Limited and the Asian Development Bank.
37
Embed
INDIA: Accelerating Infrastructure Investment Facility in ...This environmental and social due diligence report is a document of the borrower. The views expressed herein do not necessarily
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Environmental and Social Due Diligence Report
Project Number: 47083-004 December 2019
INDIA: Accelerating Infrastructure Investment
Facility in India – Tranche 3 Mytrah Vayu (Krishna) Private Limited (Part 10 of 10)
Prepared by India Infrastructure Finance Company Limited for the India Infrastructure Finance
Company Limited and the Asian Development Bank.
This environmental and social due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
Appearance of lhe Sarple Clear Lquid Sarple coodition of lesting Found OkSarple collection daie 06.l1.2018 S.rple Qua iry I ltr$nple Collection Tirne l:10 pn Anallsis sraniDa date 08. t I 20t8SanDle Registration date 08.1I 2018 Amllsis Conpletion date 12 I I 20t8Satrple collect4 by VISON LABS
l5 Calciumas Ca IS:1025 Pan 40 ltrl. RA-2lxL M,&/L t0 15 2(nl6 Magn.sium as Mg lS:3025 Pafi 46 l9X. RA-2lnl n,PJL '1.2 t0 100
t1 Sodium as Na lS:1025 Pan 15 1993. RA-20'$) m,vL 975l8 Porassium as K lS:1025 Pan 45 1993. RA-2m9 ms/L 231g Fluondes as F- IS:3025 Pdn 60 2008 n,qq- o74 t- 1.5
Test Melhod tinils Test R€sultsS.No ( hrrtr(lerislic
27 IS:3025 PartlT 1988, RA-2(nl mc/L <0 0l 0.01
2a_ Z.tnc d5 7.n IS 3025 Pan 49 1994 0 098 5 - l529 Manlanese as Mfl IS: 3025 Pan 24 2006 m,r/L <0.00r 30 - 100l0 Copper as Cu lS 1025 Parl 42 1992 ms,L 0.120 0.05 - 1.5ll Nrkel as Ni lS 3025 Pan 54 2001 T'PIL <0 00t 3.0 - 5.032 Boron IS 3025 Pan 57 2t)05 m.slL 0.052 t00ll IS 11428 Annex K mP/L <0.001 020
Mineral Oil APHA 23'n Edition 2012 mql, <0.001 00tAluminium as Al IS 3025 Pan 55 2ool mc/L <o oot 001
36 Mercury as Ha IS 1025 Psn 48 1994 mP,/L <0.0002 00031 USEPA t\tlL <0.00 t <0.00l18. lS:5402:2012 CFU/mL
tel : uo-zqsulzo,2q541338, Mob : 98491 t OOt g I g++Oa at ssa, g-mail : lnfo@ visonlabs.com, vison labs @ gmail com
NOTE : Thls RePorl ls subi'ct to ihc t'm' 'hd
condltlont m'nti@'d ov'rr€tl'
ntslL
34
35
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT Lands – Kurnool District – Lease of Govt. land totaling an extent Ac. . cts., ie., an extent of Ac. . cts. in Sy.No. to of Racherla village, Peapully Mandal, and an extent of Ac. . cents in Sy.No. etc. of Kunukuntla village, Owk Mandal in favour of NREDCAP for establishment of Wind Power Project, for a period of Years, duly collecting lease rent basing on the market value @ , /- per acre, as per the norms issued in GO. Ms. No. , Rev Assn.) Dept., dt. . . . The NREDCAP in turn will allot the land to the third party as per the existing norms of Energy Department on lease basis and monitor the utilization of land- Orders – )ssued. ------------------------------------------------------------------------------------------------------------ Revenue (Assignment .V) Department
GO. Ms. No. 511 Dated: 27-09-2013
Read the following; Ref : . G.O.Ms.No. . Rev Assn ) Department, dated. . . . . From the Collector, Kurnool Lr. No. E / / , dated . . . . From the Collector, Kurnool Lr. No. E / / , dated . . . From the Spl.CS & CCLA., AP. (yderabad Lr. No. BB / / , dt. . . . -: :- ORDER
)n the references nd & rd read above, the District Collector, Kurnool has submitted proposals for allotment of Government lands in Racherla village of Peapully Mandal, and Kunukuntla village of Owk Mandal on lease basis for the period of years in favour of M/s. Mytrah Wind Developers Private Limited, (yderabad for establishment of Wind Power Project. The details of lands are as follows : Sl. No. Name of the Village Name of the Mandal Extent Ac. Cts. Sy.Nos Racherla Peapully . Sy.Nos. - each Ac. . cts. . Kunukuntla Owk . Sy.Nos. , - , - , and - each Ac. . cts. Sy. No. Ac. . cts , Sy.No. Ac. . cts Sy.No. Ac. . cts 2. The District Collector, Kurnool has reported that the proposed lands are situated on the edge of hill top and covered with rocks and bushes. The lands are unfit for cultivation. There are no permanent structures on the proposed lands. A notices have been published in the villages and no objection were received within stipulated time. The Joint Collector has inspected the proposed lands along with concerned officials and reported that the proposed lands are table land on the hill and suitable for establishment of Wind power project. The lands under proposal are not covered by the prohibitive provisions for assignment etc., under Acts and Rules. With regard to fixation of market value, the District Collector, Kurnool has reported that taking into consideration of the nature of the lands i.e, (ill rock and unfit for cultivation , he has proposed the Market value at Rs. , /- Rupees fifty thousand only per acre. contd. P.
:: ::
3. )n the reference th read above, the Special Chief Secretary & Chief Commissioner of Land Administration, AP. (yderabad has reported that, the Energy Dept., has submitted the vetting/justification report in the prescribed check list and recommended to allot the land to an extent of Ac. . cts. on lease basis jointly to the NREDCAP and M/s. Mytrah Wind Developers Private Limited, for developing the Wind Power Project. (e has also informed that as per their departmental norms and MNRE guidelines one hectare of land Acs. . cts. is required for one MW Turbine. The requirement of the applicant for development of . MW is Acs . which is less than norms. . x . = Acs. . cts. is actual requirement . . The Special Chief Secretary & Chief Commissioner of Land Administration, AP. (yderabad has further reported that proposals were placed before the A.P Land Management Authority Meeting held on - - , the APLMA has examined the proposal and after detailed deliberations, the Authority has “recommended to
Government for alienation of Government land on lease basis in favour of NREDCAP. The
NREDCAP in turn will allot the land to the third party as per the Energy Department
existing norms on lease basis and monitor the utilization of land”. The Special Chief Secretary & Chief Commissioner of Land Administration, AP. (yderabad has finally requested the Government to take appropriate action in the matter.
5. )n the circumstance reported by the District Collector, Kurnool/ the Special Chief Secretary and Chief Commissioner of Land Administration, (yderabad, and as recommended by the APLMA, the Government after careful examination of the matter hereby direct that the Government land to an extent of Ac. . cts., i.e., an extent of Ac. . cts. in Sy.No. to each Ac. . cts of Racherla village, Peapully Mandal and an extent of Ac. . cents in Sy.No. , - , - , and - each Ac. . cts. , Sy. No. Ac. . cts , Sy.No. Ac. . cts Sy.No. Ac. . cts of Kunukuntla village, Owk Mandal, Kurnool District be alienated on lease basis, for a period of Years, duly collecting lease rent basing on the market value @ . /- per acre, as per the norms issued in GO. MS. No. , Rev Assn.) Dept., dt. . . , in favour of NREDCAP. for establishment of Wind Power Project, the NREDCAP in turn will allot the land to the third party as per the existing norms of Energy Department on lease basis and monitor the utilization of land.
6. The Special Chief Secretary & Chief Commissioner of Land Administration, AP. (yderabad and the Collector, Kurnool District shall take necessary action accordingly. BY ORDER AND )N T(E NAME OF T(E GOVERNOR OF AND(RA PRADES( B.R. MEENA PR)NC)PAL SECRETARY TO GOVERNMENT To The Collector, Kurnool District. The Special Chief Secretary & Chief Commissioner of Land Administration, AP. (yderabad, The VC&MD., NREDCAP., Nampally, (yderabad. Copy to: The GA Cabinet Department, w.r.t. their CR.No. / , dt. . . . The Energy Department. The P.S. to Principal Secretary to CM. The P.S.to Minister Revenue . The P.S. to Principal Secretary Revenue . Sf/Sc. //FORWARDED :: BY ORDER // SECT)ON OFF)CER
Page 1 of 2
Photoplate I : Site Visit Photographs
Mytrah Vayu (Krishna) Private Limited (MVKPL)
Safety Signage at MVKPL First Aid Box at Site
Tips for Handling Emergency on Display Onsite Emergency Plan on Display
Hazardous Waste Storage Waste Storage at Site
Page 2 of 2
Substation Emergency Plan on Display Switchyard
Fire Extinguisher Ball at substation Switchyard
Display Boards at Hazardous Waste Storage Waste Storage Containers
Page 1 of 7
Reply to the ADB’s Observations on ESDDR of Mytrah Vayu Krishna Pvt Ltd (MVKPL)
S.No. Observations from ADB IIFCL Reply to Observations Updated ESDDR reference
1. We note that the sub-project under
consideration comprises of 118 wind
turbine generators spread
over nine villages in Bijapur District
that was commissioned in April 2014
(almost 5 years back). The sub-project
was implemented by MVKPL not in
anticipation of finance from ADB. The
ESDDR has confirmed that no
environmental impact assessment
study was undertaken for this sub-
project. As a result, there is every
likelihood that MVKPL might not
have followed ADB’s environmental safeguards related requirements during
construction and operation &
maintenance stages.
MVKPL engaged a consulting firm to
undertake a due diligence in 2016
from environmental (and social)
safeguards related considerations of
multi-lateral development banks
(MDB) such as ADB. The ESDDR
was submitted by a team of
consultants in July 2016 (about 2.67
years back) to MVKPL. The
consultants carried out review of
associated documents made available
Updation of the ESDDR prepared by third party
consultant is under preparation. Information related
to corrective measures implementation has already
been shared by the developer. Status of
implementation of the corrective measures
identified in the ESDDR will be reported in the
updated ESDDR.
It is noted that the updated ESDDR will be signed
by IIFCL staff.
Status of implementation of the corrective
measures identified in the ESDDR (July 2016)
are reported in Table 5 & 6 of the updated
ESDDR.
ESDDR is signed by IIFCL staff.
Page 2 of 7
by MVKPL and undertook a field visit
during 30 May – 2 June 2016 for
assessment of implementation of
environmental safeguards. This team
held consultations with villagers and
other stakeholders. Based on its
review, the ESDDR had identified
certain gaps in the implementation vis-
à-vis the requirements of the MDBs
and India’s environmental regulations; and recommended corrective measures
(tables 5.1 and 6.3).
The ESDDR submitted to ADB by
IIFCL is not signed by the IIFCL
officials (signed by the team of
consultants engaged by MVKPL).
IIFCL is requested to follow the
practice of endorsing the ESDDRs as
has been done in the past.
Further, given that this ESDDR was
prepared in July 2016, IIFCL is
requested to provide an updated
version of the ESDDR as on date that
would also include the status of
implementation of the corrective
measures identified in the ESDDR
(dated July 2016) to achieve
compliance.
2. It is noted that the ESDDR has
confirmed that none of the
Table-3.12 provides the details of possible
occurrence of avifauna in the region. Data was
Already replied
Page 3 of 7
components of the sub-project were
located within or close to (i) core,
buffer and eco-sensitive areas of
national parks, sanctuaries or bio-
sphere reserves; (ii) forests; (iii)
wetlands; (iv) areas of ecological
sensitives; and (v) protected
monuments of archeological, cultural
or historical importance. While
the ESDDR has confirmed absence of
endangered species of flora and fauna
in the study area, table 3.12 has
reported presence of five critically
endangered bird species in study area.
This may please be verified and
reconfirmed. The ESDDR shall clearly
define the study area considered for
environmental impact assessment.
incorporated by third party consultant namely
Voyants Solutions Pvt ltd. However, developer has
confirmed that till date no such critically
endangered species were observed and evident by
local stakeholders.
Developer has informed that WTGs and associated
facilities with 2 km buffer area were considered as
study area for impact assessment under ESDD.
3. The ESDDR has also confirmed that
the sub-project area and its
surroundings do not fall under any
major flyway or migratory routes.
Therefore, no significant impacts on
bird and bat life were anticipated in
terms of mortality caused due to
collision of birds and/or bats with
wind turbine rotor blades. However, in
the ESDDR a periodic bird and bat
study has been recommended to assess
the risk on bird and bats.
IIFCL is requested to share a copy of
such monitoring study for this sub-
ESDDR suggested to undertake a periodic bird/bat
carcass survey in the project by site personal in the
core study area. Developer has confirmed that till
date no bird carcass was observed / reported in the
project area.
IIFCL would report its assessment in the updated
ESDDR.
Bird and Bat carcass survey is being conducted
at the project and records maintained at site.
Details are included in Section 14 Para 19
(Page 14) of the updated ESDDR. The updates
are included in Table 5 (Page 31-32) and Table
6 (page 51-52).
Page 4 of 7
project. IIFCL is further requested to
provide its assessment on the findings
of such study in the updated ESDDR
requested.
4. IIFCL shall also submit a duly signed
REA checklist by its environmental
experts and head of its Environment
and Social Management Unit (ESMU).
Noted. --
5. It is further noted from ESDDR that
the wind power projects required to
obtain the consents to establish and
operate in the year 2014 as per the
then prevailing environmental
regulations of India. IIFCL shall
confirm that MVKPL had obtained the
requisite regulatory permissions and
provide copies of such permissions in
the ESDDR.
Considering the fact that Wind power
projects under renewable energy have very
negligible negative impact on environment.
Ministry of Environment Forests & Climate Change
(earlier MoEF) has exempted these projects from
obtaining Environment Clearance through EIA
notification 2006. In general, Consents under Air
(Prevention and Control of Pollution) Act, 1981 and
Water (Prevention and Control of Pollution) Act,
1974 are required for the industries which cause air
and water pollution, whereas wind farm operations
do not result in air and water pollution. Ministry of
New & Renewable Energy (MNRE), GOI has also
propagated the fact that wind energy is a green
energy and doesn’t cause any pollution. However, in the initial stages of evolution of the wind energy
sector, there was no uniform policy across different
States in the matter of treatment of the sector from
pollution perspective. This resulted in multiple
views and practises in that regard and lead the wind
developers to continuously represent to the
MoEFCC, Central Pollution Control Board
(CPCB), State Pollution Control Board (SPCB) for
specifically exempting Wind Power Projects from
The status of all regulatory clearances and
other information in included in Table 3 of the
revised ESDDR.
Page 5 of 7
the requirement of obtaining any consent from the
SPCBs for establishment or operation. Eventually
MoEFCC declared Wind industry as Green Industry
in line with MNRE and subsequently changed it to
White category status vide circular dated 7.3.2016,
which was circulated to all SPCBs.
Developer has informed that, there was neither a
practice of obtaining Consent from SPCBs by the
Wind Developers nor did the SPCB insist such
consents at that time. It is pertinent to note that all
the wind power projects are setup pursuant to
Power Purchase Agreements signed with State /
Central Utilities.
Developer has further informed and shared
acknowledgement copy of request for issue of NOC
in respect to CTE/CTO from Karnataka State
Pollution Control Board.
The status of all regulatory permissions will be
provided in the updated ESDDR.
6. The ESDDR had recommended that
MVKPL should establish an
environmental and social management
system (ESMS) for the sub-project.
IIFCL to confirm whether an ESMS
has been established by MVKPL and
the status of its functionality as on
date while submitting the copy of
ESMS with updated ESDDR as
requested above.
Environmental and Social Management System
covering the Environmental, Health, Safety and
Social requirements throughout the project life
cycle, has been developed by Mytrah Energy
(India) Private Limited (MEIPL) which is
implemented at MVKPL also.
Copy of ESMS will be submitted with updated
ESDDR.
Copy of ESMS is enclosed as Annexure IX of
the revised ESDDR.
Page 6 of 7
7. It is also noted from the REA checklist
that MVPPL has developed detailed
environmental, health and safety
guidelines to handle community health
& safety related risks during
construction and operation phase of
the sub-project. A copy of such
guidelines and the status of its
implementation may please be
included in the updated ESDDR.
Community health and safety management plan is
available for the sub-projects. Copy of the plan and
status of its implementation will be included in the
updated ESDDR.
Copy of Community Health and Safety
Management Plan is attached with the revised
ESDDR as Annexure XXII and status of its
implementation is given in Table 8 in updated
ESDDR.
8. Based on the information furnished,
the proposed sub-project appears to
qualify as of environment category B,
subject to the responses from IIFCL as
requested above.
Noted Categorization of sub-project is given in para
19 of the revised ESDDR.
9. The sub-project was commissioned in
2014 without the knowledge of ADB
financing, and therefore, it is unlikely
to have followed ADB’s SPS 2009 related requirements during
construction as well as operation and
maintenance stages.
Agreed ---
10. During due diligence study performed
by the team of consultants engaged by
MVKPL in 2016, certain safeguard
related gaps including lack of
adherence with India’s environmental regulations were identified and
corrective actions have been
recommended to achieve compliance.
IIFCL needs to confirm that those
Noted Status of gap identification is given in Table 5
& 6 of the revised ESDDR. Section 12 of the
revised ESDDR explains the compliance of the
sub-project to IIFCL’s ESSF.
The sub-project is financed by IIFCL under
Takeout scheme. It is in compliance to the
ESSF and ADB’s SPS, 2009.
Page 7 of 7
corrective actions have been taken by
MVKPL to bridge the identified gaps,
achieved regulatory compliance, and
that the sub-project is now in
compliance with the agreed safeguards
related requirements (as per IIFCL’s ESSF 2013 and SPS 2009 applicable
for this loan) for take-out financing.
11. IIFCL shall also undertake a field visit
to verify and confirm that there are no
residual environmental impacts as on
date due to implementation of the sub-
project (given that the ESDDR is
dated 2016), and prepare an updated
ESDDR with requested details, and
submit its duly signed copy by
IIFCL’s ESMU for ADB’s review.
Noted.
Updation of ESDDR based on information shared
by developer is under process. Field visit is to be
undertaken by IIFCL to verify and confirm that
there are no residual impacts as on date. Since
elections going on in India, therefore, site visit